Litigation Test 1

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Author:
missancy
ID:
91498
Filename:
Litigation Test 1
Updated:
2011-06-21 16:53:28
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Litigation
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Description:
Litigation test numero uno
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  1. Under the Ashton Rule a former arrest (not conviction) for child pornography is
    Not admissible
  2. Notice Pleading means:
    That the complaint provides only basic information in it, but enough so that the defendant can properly identify what the lawsuit is about.
  3. In order for an attorney to have a privilege conversation with his client, there must be
    an expectation of privacy
  4. T/F An expert witness is not allowed to give an opinion, but is allowed to testify regarding the facts in the case
    False
  5. T/F In indiana, a request for interrogatories is filed in the court at the same time it is served.
    False (Discovery does not go through courts)
  6. T/F In civil litigation, the plaintiff has to prove both liability and damages
    True
  7. T/F The term "Impeachment" means that you have prrof that a person was untruthful
    True
  8. Jurisdictional Facts are not necessary in a Complain if all the parties live in the same county
    False
  9. T/F If you wanted to protect your client from being asked questions in interrogatories, you would file for a Motion for Protective Order
    False
  10. T/F In Indiana, defense counsel can be present during an Independent Medical Exam
    False
  11. T'/F In Indiana a police report is admissible to prove who the officer spoke to
    False, not admissible because the police officer goes to court to testify anyway
  12. T/F In Indiana, depositions are privileged informations
    False
  13. T/F in Indiana, the plaintiff can invoke the doctor-patient privilege if the information is not relevant to the lawsuit, even if the issue in question is about a medical condition. Exa: if the issue involves a back strain and 20 years before, the plaintiff had a tonsillectomy, then those records are privileged.
    False
  14. T'F If you are served with a Request for Production of Documents, you only have to give the other side the documents that you got with a subponea
    False, you have to give all the documents.
  15. What are some items that you can include as damages for personal injury case? Hint: 5 total
    Pain and Suffering, Lost wages (past), Lost Wages (Future), Medical expenses, loss of consortium.
  16. During the initial client interview, you should always allow the individual to tell their full story in their own words. Why?
    Because it lets them get their story out, and it addresses demeanor
  17. Under what legal theory are you entitled to invade the privacy of a party and obtain documents and information about them?
    "Waive Confidentiality", Privacy is waived
  18. Identify 2 types of documents that allow you to obtain medical records.
    Suponea, and consent form (3rd party consent)
  19. Identify the 3 different agencies that we discussed in class where you might go to search for info or documents on a party
    • Secretary of State (www.in.gov)
    • Police Department
    • Workers compensation board
    • Also the dept of insurance
  20. If you wanted to obtain some records to determine if a party had any prior workcomp claims, what agency would you go to and what document would you use to obtain the records.
    Send a letter to the work comp office, no suponea or 3rd party consent needed
  21. Identify the documents that make up the pleadings
    Complaint, Answer, counter claims, replies thereof
  22. 3 reasons that you take a deposition?
    • Strengths and weaknesses of the case
    • Examine the demeanor of opposing counsels client
    • To find info that has not yet been discovered
    • (impeachments)
    • (preserve testimony)
  23. Identify the things that are needed to begin a lawsuit
    Evidence to prove the cause of action. File a complaint, appearance, summons and appropriate filiing fee with the clerk of the court
  24. What does the phrase Affirmative Defense mean?
    Affirmative defense is a defense that says that the P is negligent, not the D. the D does have the burden of proving the negligence
  25. How are damages calculated in IN?
    Damages are generally 3 - 4 times the medical expenses. However, each situation is looked at for its particular circumstances.
  26. If you wanted to initiate a lawsuit against a business, who would you serve and where would you go to learn that info?
    To initiate a lawsuit against a business, you would contact the secretary of state. You can go to www.in.gov to find a link to that info. Also, you can find a registered agent.
  27. Before a party files a Motion to Compel in Indiana, they must do what?
    Prior to filing a motion to compel, coumsel must take all steps possible to obtain the discovery needed from the other side
  28. There are times that the court prefers that instead of filing an Answer, you file another Motion. What is the other motion, why do the courts want you to file it, and what subject matter would it likely involve?
    The courts prefer you to file a motion to dismiss. This most likely happens in the state of Limitation case. The courts prefer you dismiss than waste their time.
  29. Give a diagram of the civil litigation process

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